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(영문) 수원지방법원 성남지원 2017.05.19 2017고단539

사기등

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant in this part of the facts charged is a person who operates a restaurant in the name of "D" in the name of "D" at the 2nd floor located in Yongsan-gu, Busan Metropolitan City.

On December 2, 2015, the Defendant applied for recognition of eligibility for unemployment benefits at the high-level branch office of the Employment and Labor Office of Jung-gu, Busan Metropolitan City, Busan Metropolitan City, which was located in 32-16, and served as an employee from the ‘F' restaurant operated by his/her own type during the period from December 1, 2015 to April 18, 2016.

Nevertheless, Defendant: (a) concealed the working facts in the “F” restaurant operated by the foregoing type; (b) prepared an application for recognition of unemployment with the purport that the Defendant did not work until December 2, 2015 to April 6, 2016; and (c) submitted it to the senior branch office of the Central and Middle Regional Labor Agency.

Defendant is entitled to receive unemployment benefits of KRW 4,821,080, five times in total, from the senior branch offices of the High-Level Regional Labor Office which believe that the aforementioned application for unemployment recognition was true. From December 9, 2015 to April 7, 2016, Defendant was paid unemployment benefits of KRW 4,821,080.

Accordingly, the defendant, by deceiving the victim, received goods and received unemployment benefits by illegal means.

The indictment is omitted in this part, but it is stated as above in order to clarify the facts charged.

2. Determination

A. On January 25, 2017, the Defendant was issued a summary order of KRW 1 million (No. 9372, 2016, which was issued to a fine of KRW 1 million) due to the violation of the Act on Fraud and the Insurance Act in the Goyang Branch of the District Court. < Amended by Act No. 14535, Mar. 22, 2017>

When the above summary order is served by public notice, the defendant may request the recovery of the right to demand formal trial according to the case.

That is so.

Even if the above summary order is currently final and conclusive, it cannot be denied.

In addition, the facts constituting the crime of the above summary order are as follows: (a) the Defendant applied for recognition of eligibility for unemployment benefits at the high-class branch office of the high-ranking branch office of the Ministry of Labor which has employed 32-16, Seoyang-gu, Seoyang-si, Seoyang-gu, 2015; and (b) six days from December 11, 2015 to December 16, 2015; and (c) from March 24, 2016 to April 20, 2016.